RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050009397


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the Southwest Asia Service Medal (SWASM)
with a bronze service star for the SWA Cease-Fire Campaign (12 April 1991
to 30 November 1995); the Kuwait Liberation Medal awarded by the Kingdom of
Saudi Arabia (KLM-SA); the Kuwait Liberation Medal awarded by the
Government of Kuwait (KLM-K); the National Defense Service Medal (NDSM) for
the period 2 August 1990 and 30 November 1995; the Army Good Conduct Medal
(GCMDL); two additional awards of the Army Achievement Medal (AAM); and the
Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and that he be issued these awards.
He also requests that the Traffic Accident Investigation Course be added to
his DD Form 214.

2.  The applicant states that the 1st Armored Division in Ansbach, Germany
started to deactivate due to military force reduction and he was advised
that processing and issuance of awards and citations was not the primary
directive and mission of the 1st Armored Division.  He states that his DD
Form 214 shows he is authorized the SWASM with two bronze service stars and
the NDSM.  He was never issued these medals, only the service ribbons and
two bronze service stars for the Defense of Saudi Arabia and the Liberation
of Kuwait.  The KLM-K was accepted by the Secretary of Defense per
memorandum dated 16 March 1995.  He had reached his expiration of term of
service (ETS) before this award was accepted.  He also states he was
awarded three awards of the AAM, one of which he received in the mail after
out-processing.  His DD Form 214 shows only one award of the AAM.  Further,
he was awarded the ARCOM which was not added to his DD Form 214.  His
conduct while in the service would be consistent for earning the GCMDL, but
with the deactivation of the 1st Armored Division, this medal was not
submitted.

3.  The applicant provides a copy of his DD Form 214; his Honorable
Discharge Certificate; a memorandum authorizing Soldiers to wear the NDSM
and the SWASM; general orders authorizing Soldiers to wear the Combat
Patch; three DA Forms 638-1 (Recommendation of Award (For Other Than Valor)
of AAM, ARCOM, and Meritorious Service Medal (MSM)) with accompanying award
certificates; a Verification of Military Experience and Training Form (DD
Form 2586); two letters of recommendation; and a character reference.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 5 November 1991.  The application submitted in this case is dated 15
June 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 13 January 1988 for a
period of four years.  He completed basic training and advanced individual
training (AIT) at Fort McClellan, Alabama.  Upon successful completion of
AIT, he was awarded military occupational specialty 95B (Military Police).
He was assigned to the 501st Military Police Company in Germany on 12 June
1988.

4.  The applicant was promoted to specialist four on 1 February 1989.

5.  The applicant was awarded the first award of the AAM for meritorious
achievement from 9 January 1990 through 28 January 1990 by Headquarters,
U.S. Military Community Activity-Ansbach (USMCA-A) Battalion (Provisional),
Orders Number 90-113 dated 6 March 1990.

6.  He arrived in SWA on 14 December 1990.

7.  The applicant was awarded the ARCOM for meritorious achievement from
17 January 1991 through 2 March 1991 by Headquarters, 1st Armored Division
Order Number 7-106 dated 30 March 1991.

8.  He departed SWA on 6 May 1991.

9.  The applicant was awarded a second award of the AAM for meritorious
service from 15 July 1988 through 5 November 1991 by Commander, 87th Base
Support Battalion (Provisional), Permanent Order Number 4-1 dated 1
November 1991.  The DA Form 638-1 dated 19 August 1991 shows he was
recommended for award of the ARCOM; however, the approval authority
downgraded the ARCOM to the AAM.  The DA Form 638-1 also shows the
beginning date of the award was 15 June 1988.  The award certificate shows
the beginning date as 15 July 1988.

10.  The applicant was awarded a third award of the AAM for meritorious
service from 15 June 1988 through 15 December 1991 by Headquarters, Third
Brigade, 1st Armored Division, Permanent Order Number 79-16 dated 12
November 1991.  The DA Form 638-1 dated 22 October 1991 shows he was
awarded the AAM (First Oak Leaf Cluster).  This award appears to be a
duplicate of Permanent Order Number 4-1 dated 1 November 1991.

11.  There are no orders which show the applicant received the first award
of the GCMDL.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the GCMDL.  His records do not contain
any adverse information.

12.  The applicant departed Germany on 4 November 1991 and was honorably
released from active duty on 5 November 1991.  He completed 3 years,
9 months and 23 days of active military service with no days of lost time.


13.  The applicant's DD Form 214 shows the AAM, the NDSM, the Army Service
Ribbon, the Overseas Service Ribbon, the SWASM with two bronze service
stars, the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Expert Marksmanship Qualification Badge with Pistol Bar as authorized
awards.

14.  Item 14 (Military Education) on his DD Form 214 shows the entry "LAW
ENFORCEMENT, 17 WEEKS, MAR 88//GERMAN HEADSTART, 1 WK, JUL 88//NOTHING
FOLLOWS."

15.  The applicant provided a Verification of Military Experience and
Training Form dated 1 March 1993.  This document shows his additional skill
identifier (ASI) as "Q9" (Traffic Accident Investigation).  There is no
evidence of record which indicates he completed formal training in the
Traffic Accident Investigation Course.

16.  Army Regulation 600-8-22 provides that service in the Persian Gulf War
is to be recognized by award of the SWASM to Army members who participated
in Operations Desert Shield/Desert Storm in the designated area on or after
2 August 1990.  A bronze service star is authorized for the Defense of
Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense
of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12
April 1991 to 30 October 1995).

17.  The KLM-SA was approved on 3 January 1992 and is awarded to members of
the Armed Forces of the United States who participated in the Persian Gulf
War between 17 January 1991 and 28 February 1991.

18.  The KLM-K was approved on 9 November 1995 and is awarded to members of
the Armed Forces of the United States who participated in the Persian Gulf
War between 2 August 1990 and 31 August 1993.

19.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the NDSM is awarded for honorable active service for any period between 27
July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2
August 1990 through 30 November 1995 and 11 September 2001 to a date to be
determined.  This regulation also provides that the second and subsequent
awards of the NDSM are denoted by a bronze service star affixed to the
NDSM.

20.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

21.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations.

22.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one
decoration will be awarded to an individual for the same act, achievement,
or period of meritorious service.

23.  Army Regulation 635-5 (Separation Documents) states, in pertinent
part, that item 14 (Military Education) will list formal in-service
training courses of 40 hours or more successfully completed during the
period of service covered by title, length in weeks, and month and year
completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in SWA from 14 December 1990 through May 1991.

2.  The applicant's DD Form 214 shows award of the SWASM with two bronze
service stars.  Based on his dates of service in SWA, he is entitled to the

KLM-SA, the KLM-K, and an additional bronze service star for wear on his
SWASM.

3.  The NDSM is properly reflected on the applicant's DD Form 214.
Therefore, there is no need to add this award to his DD Form 214.

4.  There is no evidence of record which shows the applicant was
disqualified from receiving the first award of the GCMDL for the period 13
January 1988 through 12 January 1991.  The applicant did not receive any
disciplinary actions and was promoted to specialist during this period of
service.  It appears that the applicant has met the requirements for the
first award the GCMDL for the period 13 January 1988 through 12 January
1991.

5.  The applicant's DD Form 214 shows one award of the AAM.  Orders show he
received the first award of the AAM for the period 9 January 1990 through
28 January 1990; the second award of the AAM for the period 15 July 1988
through 5 November 1991; and a third award of the AAM for the period
15 June 1988 through 15 December 1991.  (It is noted that the periods of
service for the second award of the AAM partially overlaps the third award
of the AAM, an action prohibited by the governing regulation, and it
appears to be a duplicate award).  Since the applicant was awarded two
awards of the AAM (not including the duplicate award), he is entitled to
correction of his DD Form 214 to show the AAM (First Oak Leaf Cluster).

6.  Orders show the applicant was awarded the ARCOM; therefore, the ARCOM
should be added to his DD Form 214.

7.  Although the evidence of record shows the applicant was awarded ASI
"Q9," there is no evidence of record which shows he completed the Traffic
Accident Investigation Course.  Therefore, there is insufficient evidence
in which to add this course to item 14 on his DD Form 214.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 November 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 November 1994.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

SP______  CD______  KJ______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by awarding him the GCMDL for the period 13 January 1988 through
12 January 1991; and

      b.  by adding award of the SWASM with three bronze service stars, the
KLM-SA, the KLM-K, the GMDL, the AAM (First Oak Leaf Cluster), and the
ARCOM to his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
completion of the Traffic Accident Investigation Course and award of the
third AAM.




                            Shirley Powell_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009397                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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